# COMAR Title 05 — Department of Housing and Community Development

## Subtitle 10 — Assisted Housing Preservation

### Chapter 03 — Notice of Intent to Take Protected Action

**Authority:** Housing and Community Development Article, §§7-101—7-501, Annotated Code of Maryland

**Administrative History:** Effective date: April 18, 2011 (38:8 Md. R. 505)

#### Regulation .01 General.

*COMAR 05.10.03.01*

A. Each property owner who takes or intends to take a protected action shall send written notices of intent that comply with the requirements of §§7-201 and 7-202 of the Act and these regulations.

B. The purpose of providing notices of intent is to:

  (1) Inform appropriate government agencies of the proposed action, and its possible impact on the tenants, and the local stock of affordable housing;

  (2) Provide the Department with information to determine if the proposed action is legally permissible;

  (3) Inform assisted households of the proposed actions and their rights in the event federal assistance is discontinued; and

  (4) If the project is to be sold, afford other parties the opportunity to exercise a right of first purchase in accordance with §§7-204—7-211 of the Act.

#### Regulation .02 Requirement to Submit Notices to the State.

*COMAR 05.10.03.02*

The notices of intent required under the Act and Regulations .03 and .04 of this chapter shall be submitted to the Department and the other required parties in addition to any other notification requirements imposed by the federal government. Submission of a notice to the applicable federal agency only by the owner or any other party does not constitute compliance with the Act and these regulations.

#### Regulation .03 Notice Requirements.

*COMAR 05.10.03.03*

In addition to any requirements specified in the Act, the notice of intent to the chief executive officers, public housing authority, tenant association, and Secretary shall be sent by certified mail, return receipt requested and include the following information or material:

A. The nature of the proposed protected action;

B. A list of the federal program or programs that govern the federally-assisted mortgage or any project-based assistance;

C. For assisted projects that are subject to federally-assisted mortgages:

  (1) A copy of the assisted mortgage, the secured note, and any regulatory agreement and other related mortgage documents; and

  (2) A statement setting forth the:

    (a) Maturity date of the mortgage;

    (b) Original and current principal balance of the mortgage;

    (c) Name and address of the mortgagee; and

    (d) Number of assisted units regulated by the mortgage;

D. For assisted projects that have units subsidized by project based assistance:

  (1) A copy of the federal agreement to enter into a household assistance payments contract (AHAP);

  (2) A copy of the federal housing assistance payments contract (HAP) evidencing the Section 8 agreement and a statement setting forth the expiration date of the Section 8 agreement, including all extensions or renewal options;

  (3) The name and address of the agency responsible for administering the Section 8 agreement; and

  (4) The number of units for which assistance is provided;

E. A statement as to the expected impact of the proposed protected action on rents and the continued occupancy by existing assisted households for 3 years following the date of the protected action, including:

  (1) Any proposed rent increases over such period; and

  (2) The size of any tenant waiting list on the project;

F. For projects that receive project-based assistance for less than 100 percent of the units:

  (1) The number of unsubsidized units;

  (2) The current rents for unsubsidized units; and

  (3) Any planned or projected rent increases for the unsubsidized units for 3 years following the date of the protected action;

G. Financial statements:

  (1) For projects encumbered by a federally assisted mortgage, copies of financial statements submitted to HUD or the United States Department of Agriculture or the Department; or

  (2) For projects receiving project based assistance, audited financial statements, if available, or instead of these, compiled financial statements or certified copies of federal income tax returns;

  (3) All financial statements or federal income tax returns shall be for the 3 fiscal years immediately preceding the date of the notice of intent;

H. A statement under penalty of perjury certifying that the owner has not taken any of the following actions, or any other action before the date of the notice of intent to avoid the owner’s obligations in conjunction with the protected action:

  (1) Termination without cause of the lease of any tenant occupying an assisted unit;

  (2) Alteration of any of the terms and conditions of executed leases of existing tenants;

  (3) Interference with any existing rights of tenants to occupy their units in the assisted project under existing leases or under any applicable federal, state, or local law;

  (4) Interference with the rights of applicants or eligible prospective tenants to obtain housing in the assisted project in accordance with federal admission preferences, and other applicable federal, state, or local law governing admissions to subsidized housing or the allocation of housing subsidies;

  (5) Interference with the efforts of individual tenants to obtain housing subsidies or other public assistance;

  (6) Discrimination in the leasing of units in the project based on source of income or receipt of housing subsidies provided by governmental or other sources; and

I. Any other supporting documentation required by the Director.

#### Regulation .04 Form of Notice of Intent to Assisted Households.

*COMAR 05.10.03.04*

A. In addition to the notices of intent sent under Regulation .03 of this chapter, the owner shall send a notice of intent to each assisted household in accordance with §7-202(b) of the Act and this regulation.

B. The owner shall submit a proposed notice of intent, application for extended tenancy, and extended tenancy lease to the Director for comment and approval at least 15 days before delivery to the assisted households. The notices, applications and leases shall be in a form approved by the Department.

C. The Director shall develop and make available to an owner on request, samples of a notice of intent, application for extended tenancy, and extended tenancy lease.

D. The Director will review a notice of intent and other forms received from an owner to determine whether:

  (1) The notice of intent meets the requirements of the Act and these regulations;

  (2) The owner is permitted to take the protected action in accordance with these regulations.

E. The Director will complete the review and notify the owner of the results within 30 days of receipt of the notice.

#### Regulation .05 Notices of Intent to Tenants — Delivery.

*COMAR 05.10.03.05*

A. The property owner shall send a notice of intent that complies with the requirements of Regulation .04 of this chapter to each assisted household by U.S. mail, postage prepaid.

B. Simultaneously with the notice of intent, the owner shall send applications for extended tenancy and extended tenant leases to all assisted households that qualify as designated households.

C. Within 5 days of sending the required notices and forms to the assisted households, the owner shall send the Department by certified mail, return receipt requested, an affidavit signed by the property owner or property manager certifying:

  (1) That the notice of intent complied with the requirements of the Act and these regulations; and

  (2) The names and addresses of each assisted household to whom a notice of intent was sent.

#### Regulation .06 Time Frames.

*COMAR 05.10.03.06*

The notice periods and corresponding lease extension periods may not commence until a notice of intent, which accurately and completely provides all the information required by the Act and these regulations, is served. If the notice of intent fails to provide all required information, it does not become effective until that information is provided.